Dig em all
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- Nov 28, 2009
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What happens to your mining claims when you die?
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the estate would file transfer of interest (quit claim deed) at the county recorders
then file the required items with the BLM state office and keep up the yearly filings with the county and BLM
https://www.blm.gov/or/programs/minerals/files/estate.pdf
Death of a Claimant
An interest in a mining claim or site is an interest in real property and is treated as such in state probate proceedings when a mining claimant dies.
Upon notification of the death of a claimant, the procedures below should be followed:
a. If probate of the estate has been completed, the following must
be submitted:
(1) A copy of the decree of distribution;
and
(2) A copy of the death certificate.
b. If probate of the estate has not been completed, the following must be submitted:
(1) Evidence of the authority of the executor or administrator to act on behalf of the estate;
and
(2) A copy of the death certificate.
c. When there is no will and/or probate proceedings are not required, the following must be submitted:
(1) A copy of the will, if one exists, or a notarized statement signed by the heirs that they are the only heirs of the deceased;
and
(2) A copy of the death certificate.
If the procedures in Step b above are followed, the ownership record of the affected claims or sites will be changed to
“the estate of --------, in care of [executor or personal representative].”
NOTE: If the claims are located in a community property state and the laws in that state provide that a surviving spouse automatically acquires the deceased party’s possessions and property, a death certificate can suffice to change the records if the surviving spouse is listed on the death certificate.
At the end of the probate proceedings, the new owner(s) of the mining claim or site must file the necessary document(s) with the BLM and
at that time ownership of the affected mining claim or site will be updated accordingly.
If there is no surviving spouse and no will, and there are co-claimants in addition to the deceased claimant, the co-claimants can publish out (see Chapter IV section G) the deceased claimant in order to have the claimant removed from the records.
The full processing fee is required to update the records after a death is reported and the documents are filed.
It appears that each locator should sign (notary) a quit claim deed and have it ready should one partner die.....when the time comes.
Bejay
Don't all transfers have to be reported to BLM within 60 days,
From Clay: "If there is no surviving spouse and no will, and there are co-claimants in addition to the deceased claimant, the co-claimants can publish out (see Chapter IV section G) the deceased claimant in order to have the claimant removed from the records.
The full processing fee is required to update the records after a death is reported and the documents are filed.
Heavy Pans"
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Here is another twist to the scenario.
Two miners/locators have a 40 acre mining claim held by them. One dies and has given a notarized document saying that at the passing of one gives ownership to the sole partner. But it is not a "quit claim deed". Can the existing claim holder simply add another name to the work maint waiver/ end of year affidavit and continue on; or does all the location docs need to be re-done?...as if you are starting over (kinda costly)
It appears that each locator should sign (notary) a quit claim deed and have it ready should one partner die.....when the time comes.
Bejay
Or here is another twist to the scenario.
Two miners/locators have a 40 acre mining claim held by them one dies but his name
stays on the claim, so now one miner has a 40 acre claim. My point is BLM in not checking
Or here is another twist to the scenario.
Two miners/locators have a 40 acre mining claim held by them one dies but his name
stays on the claim, so now one miner has a 40 acre claim. My point is BLM in not checking
I agree 100% and that's how I would do it -- However I don't think BLM is checking Kern County in CA.Just one man's opinion:
If your claim partner dies just deal with the family and work something out that satisfies everyone as well as possible. If the claim is worth mining and the partner was worth having it seems treating his heirs rights with respect would not only be the proper legal course of action, it would be the right moral choice - in my opinion.
Heavy Pans
yesCan you sell dirt in bags from your claims ?